00002 food legislation bangladesh

Legislative Measures Relating to Food Security in South Asia: A Case Study of Bangladesh

Prepared by Bangladesh Environmental Lawyers Association (BELA) Dhaka, Bangladesh

January, 2014

Table of contents List of tables .......................................................................................................... i List of figures ........................................................................................................ i List of boxes .......................................................................................................... i Abbreviations and Acronyms .............................................................................. ii

1. Introduction .......................................................................................................1 2. Food as a right ...................................................................................................1 3. Food security: Bangladesh perspectives ...........................................................4 4. Food legislation in Bangladesh .........................................................................8 4.1. Food in the Constitution.....................................................................8 4.2. Basic laws on food .............................................................................9 4.3. Laws relating to crop agriculture .....................................................15 4.4. Laws relating to non-Crop agriculture .............................................21 4.5. Laws on land use, administration and management ........................28 5. Policy and planning frameworks ....................................................................30 5.1. Policies on food...............................................................................30 5.2. Policies on crop agriculture ............................................................32 5.3. Policies on non-crop agriculture .....................................................37 6. Institutional setup ...........................................................................................38 7. Conclusion .....................................................................................................42

List of tables Table 1: Performance of agriculture compared to other sectors Table 2: Changes in the share (%) of sub-sectors to agricultural GDP Table 5: List of food-related legislation in Sri Lanka List of figures Figure 1: Share of allocation for food security programmes

List of boxes Box 1: Bangladesh at a glance Box 2: Food security at a glance Box 3: Petition against radioactive milk-powder Box 4: Objectives of the National Food Policy 2006

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Abbreviations and acronyms WHO FAO MDG IFPRI GHI WFP OMS FFW VGD VGF TR BFSA ISO BAISSC SAT BFDC PoA CIP NAP IPM NAEP NSP DoF CIP FSER BLAST BFSA FPMU CIP FSP FSER

World Health Organization Food and Agricultural Organization Millennium Development Goals International Food Policy Research Institute Global Hunger Index World Food Program Open Market Sales Food for Work Vulnerable Group Development Vulnerable Group Feeding Tests Relief Bangladesh Food Safety Authority International Organization for Standardization Bangladesh Agricultural Inputs Supply and Services Corporation State Acquisition and Tenancy Act Bangladesh Fisheries Development Corporation Plan of Action Country Investment Plan National Agriculture Policy Integrated Pest Management New Agricultural Extension Policy National Seed Policy Department of Fisheries Country Investment Plan for food security Food Safety Emergency Plan Bangladesh Legal Aid and Services Trust Bangladesh Food Safety Authority Food Planning and Monitoring Unit Country Investment Plan for food security Food Safety Policy Food Safety Emergency Plan

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1. Introduction Food is a substance that is consumed to provide nutritional support for the body1. It is a basic need of every human being and should be made available to all, irrespective of caste, creed, religion, race and nationality. Everyone must have the human right to adequate food. A household is considered food-secure when its occupants do not live in hunger or fear of starvation2. So the right to food is closely related to the concept of 'food security'3. The latter describes a situation in which the right to food has been realized, while the former embodies a legal obligation to this end. Thus, food security refers to the availability of food and one’s access to it.

According to the World Food Summit (1996), “Food security exists when all people, at all times, have physical and economic access to sufficient, safe and nutritious food which meet their dietary needs and food preferences for an active and healthy life”. Food security encompasses many issues ranging from food production and distribution to food preferences and health status of individuals. The World Health Organization (WHO) defines three facets of food security: food availability, food access, and food use. Food availability is having sufficient quantities of food available on a consistent basis. Food access is having sufficient resources, both economic and physical, to obtain appropriate foods for a nutritious diet. Food use is the appropriate use based on knowledge of basic nutrition and care, as well as adequate water and sanitation. The Food and Agricultural Organization (FAO) adds a fourth facet: the stability of the first three dimensions of food security over time4.

2. Food as a right Several instruments under international law have recognized the human right to adequate food. In 1941, U.S. President Franklin D. Roosevelt in his Four Freedoms speech, included “freedom from want” as one of the freedoms that later formed part of the 1945 1

Encyclopedia Britannica FAO Agricultural and Development Economics Division (June 2006). Food Security (2). Retrieved June 8, 2012 3 Prove, Peter N. "Human Rights in Trade and Investment Agreements: The Legal Framework of Economic Globalization, and the Right to Food" 4 FAO Agricultural and Development Economics Division (June 2006). Food Security (2). Retrieved June 8, 2012 2

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United Nations Charter5. The right to food is upheld by the Universal Declaration of Human Rights, 1948 which provides that everyone has the right to a standard of living adequate for the health and well-being, including food6.

The International Covenant on Economic, Social and Cultural Rights, 1966 deals more comprehensively than any other instrument with this right. Reiterating the Universal Declaration of Human Rights with regards to the right to an adequate standard of living, Article 11.1 of the Covenant recognizes "the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions" and Article 11.2 recognizes that measures need to be taken to ensure "the fundamental right of everyone to be free from hunger". States that are parties to the Covenant have the obligation to respect, protect, and fulfill the right to food. Describing the various state obligations derived from the Covenant regarding the right to food, the Committee on Economic, Social and Cultural Rights7 in 1999 adopted the General Comment No. 12 titled ‘The Right to Adequate Food’. The 2009 Optional Protocol to the International Covenant on Economic, Social and Cultural Rights makes the right to food justiciable at the international level.

To resolve the world food problem within the broader context of development and international economic co-operation, the World Food Conference in 1974 adopted the Universal Declaration on the Eradication of Hunger and Malnutrition8 that clearly stated that every man, woman and child has the inalienable right to be free from hunger and malnutrition in order to develop fully and maintain their physical and mental faculties and it is a fundamental responsibility of governments to work together for higher food production and a more equitable and efficient distribution of food between countries and within countries. The Declaration emphasized formulating appropriate food and nutrition policies in order to ensure adequate nutrition for all.

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Article 1(3) of the United Nations Charter, 1945 Article 25 of the Universal Declaration of Human Rights, 1948 7 Established in 1987 to oversee the implementation of the International Covenant on Economic, Social and Cultural Rights, 1966 8 Adopted on 16 November 1974 by the World Food Conference convened under General Assembly Resolution 3180 (XXVIII) of 17 December 1973; and endorsed by General Assembly Resolution 3348 (XXIX) of 17 December 1974 6

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The Convention on the Elimination of All Forms of Discrimination against Women, 1979 calls on the state parties to ensure appropriate services to women including adequate nutrition9. The Convention on the Rights of the Child (1989) calls on the state parties to take appropriate measures to combat disease and malnutrition through the provision of adequate nutritious foods and clean drinking-water10. The Convention also recognizes the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development and calls upon the state parties to take appropriate measures to implement this right particularly with regard to nutrition, clothing and housing11.

At the 1996 World Food Summit, governments reaffirmed the right to food and committed themselves to halve the number of hungry and malnourished from 840 to 420 million by 2015.

The Commission on Human Rights in its Resolution 2000/10 on the right to food reaffirms the right of everyone to have access to safe and nutritious food, consistent with the right to adequate food and the fundamental right of everyone to be free from hunger so as to be fully able to develop and maintain their physical and mental capacities, and encourages all states to take steps with a view to progressively achieve the full realization of the right to food, including steps to promote conditions for everyone to be free from hunger and as soon as possible fully enjoy the right to food.

The UN Special Rapporteur on this right has defined it as "the right to have regular, permanent and free access, either directly or by means of financial purchases, to quantitatively and qualitatively adequate and sufficient food corresponding to the cultural traditions of the people to which the consumer belongs, and which ensures a physical and mental, individual and collective, fulfilling and dignified life free of fear"12.

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Articles 12(2) of the Convention on the Elimination of All Forms of Discrimination against Women, 1979 Article 24 11 Article 27 12 Ziegler, Jean. "Right to Food: Commission on Human Rights" (E/CN.4/2002/58, 10 January 2002) 10

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The Millennium Development Goals (MDG) adopted in 2000 set a target to eradicate extreme poverty and hunger by 201513. In 2004, FAO adopted the Right to Food Guidelines, offering guidance to states on how to implement their obligations on the right to food.

The Convention on the Rights of Persons with Disabilities, 2007 recognizes that persons with disabilities have the right to the highest attainable standard of health without discrimination on the basis of disability14.

In 2012, the Food Assistance Convention was adopted, making it the first legally binding international treaty on food aid.

3. Food security: Bangladesh perspectives Food security, an important element of poverty alleviation, is a priority focus of the government of Bangladesh. Despite significant progress in domestic food grains production, Bangladesh is still facing food insecurity. Forty per cent of the population lacks the resources to acquire enough food15. The persistent challenges in achieving food security remains scarcity of land, continued growth of population, access to education and health facilities, employment opportunities, market access, purchasing power, a deteriorating natural resource base, natural disasters and erratic climate patterns, impact of globalization, trade rules, and so on.

In Bangladesh, the major source of production of food for the people is agriculture which is considered to be the backbone of the country’s economy. Bangladesh has a total area of 14.85 million ha land of which 62 per cent (8.2 million ha) is arable. Around 60 per cent of the total labor force is involved in the agriculture sector. Agricultural growth is crucial for making food available for the growing population.

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MDG, Goal 1 Articles 25 15 National Strategy for Accelerated Poverty Reduction II (FY 2009-11)

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Box 1: Bangladesh at a glance Total Area

147,570 Sq Km 14.85 million ha.

Total Population

160 million (Growth rate: 1.48)

Population in Agriculture

62.3%

Labour Force

36.74%

Net Cropped Area

8.20 million ha

Irrigated Area

53%

Cropping Intensity

181%

Major Crops

Rice, Wheat, Maize, Potato, Jute, Sugarcane, Fruits & Vegetables, Pulses and Oilseeds

Source: BBS-2011-12

Agricultural growth has accelerated from less than 2 per cent per year during the first two decades after Independence to nearly 4 per cent during the last decade. The acceleration of growth has rather come from increased growth of fisheries, forestry and livestock than from the crop sector. The crop sector has remained the most important sector of agriculture, accounting for almost 12 per cent of the GDP and 56 per cent of the agricultural value added. The crop sector provides staple food, rice, wheat and other daily necessities such as pulses, oil, sugar, vegetables and spices. Rice is the principal economic activity and a sensitive commodity that affects socio-economic and political stability. The crop sector thus occupies an important place in the policymaking of the country16. Non-crop agriculture (livestock, poultry and fisheries) also plays a significant role in the country’s economy.

16

Sixth Five Year Plan of Bangladesh 2011-2015 (Volume 2)

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Table 1: Performance of agriculture compared to other sectors 2001/02

1996/97

1991/92

1981/82

1975/76

1975/76

to

to

to

to

to

to

2008/09

2000/01

2000/01

1990/91

1999/00

1990/91

Agriculture

3.8

4.8

3.4

1.9

2.2

2.0

Crops

3.4

4.7

2.3

1.8

1.8

2.0

Forestry

4.9

4.8

3.9

0.8

3.3

3.6

Livestock

5.0

2.7

2.8

2.8

3.4

1.6

Fisheries

3.6

6.2

7.1

1.8

3.0

0.0

Non-Agriculture

6.4

5.4

5.4

4.7

5.4

4.8

Gross domestic product

6.0

5.2

4.9

3.9

4.1

3.6

Source: Sixth Five Year Plan of Bangladesh (2011-2015)

Table 2: Changes in the share (%) of sub-sectors to agricultural GDP Year

Crops

Livestock

Forestry

Fisheries

Agriculture Sector

FY81-FY83

65

13

7

15

100

FY91-FY93

64

13

7

17

100

FY01-FY03

58

12

8

22

100

FY07-FY09

56

13

8

22

100

Source: Sixth Five Year Plan of Bangladesh (2011-2015)

The International Food Policy Research Institute (IFPRI), Concern Worldwide and Welthungerhilfe in its October 2012 Global Hunger Index (GHI) lists Bangladesh as the 68th hungriest nation among 93 countries, meaning that the country’s hunger still remains within the ‘alarming’ range. Forty per cent of the population lacks the resources to acquire enough food17. According to the World Food Program (WFP), nearly half (45 per cent) of the country’s population is food insecure (<2122 kcals/person/day), and nearly one-quarter (23.9 per cent) of the population is understood as severely food insecure (consuming less than 1805 kcals/person/day).

17

National Strategy for Accelerated Poverty Reduction II (FY 2009-11)

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Box 2: Food security at a glance Calorie Supply per Capita

2007

2,281

Population undernourished

2005-2007

27.00%

Children undernourished

2003-2009

46.00%

Under 5 Mortality Rate (per 1,000)

2010

48.00

Source: WFP

The government has been making efforts to combat the challenge of food security in the country, by augmenting domestic production of foodgrains through technological innovations, investments in irrigation, infrastructure development and subsidies. To improve the socioeconomic situation of people living below the poverty line and to ensure food security in the country, the authorities have implemented various programmes that include: (i) Open Market Sales (OMS); (ii) Food for Work (FFW); (iii) Vulnerable Group Development (VGD) Programme; (iv) Vulnerable Group Feeding (VGF) Programme; (v) Tests Relief (TR); (vi) Gratuitous Relief; (vii) Food Aid to Chittagong Hill Tracts (CHT) Area People; (viii) Food Subsidy; and (ix) Employment in Char18 Areas. Of these FFW, VGD, VGF, TR and GR are the major programs under which 1.672 million MT of food worth Tk. 0.46 billion was distributed in 2007-0819.

Due to the rise in food prices and other basic essentials, the government announced a significant expansion of food security oriented safety net programmes for 2008-09.

Allocation for food security programmes within Social Safety Net Programmes (SSNP) in FY2013 is 3.67 per cent of the total budget, which is 30.89 per cent of the total SSNP budget, and 0.67 percent of the GDP. The percentage share of food security in SSNPs (based on the share of total budget and GDP) is lower than FY2012. Moreover, allocation for VGD and VGF has declined by (-) 15.86 per cent and (-) 14.89 per cent, respectively.

In addition, allocation for TR has also declined by (-) 2.44 per cent in FY2013 compared to the FY2012 budget20. Several national legislations, policies and plans have also been formulated integrating various issues of food security and safety 18

Riverine sand and silt and masses are known as char in Bengali National Strategy for Accelerated Poverty Reduction II (FY 2009-11) 20 Center for Policy Dialogue: Analysis of the National Budget for FY2012-13 19

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Figure 1: Share of allocation for food security programmes

Source: Center for Policy Dialogue: Analysis of the National Budget for FY2012-13

4. Food legislation in Bangladesh 4.1. Food in the constitution Bangladesh has explicitly recognized the right to food within the constitution as a directive principle, or goal. Article 15 (a) of the Constitution of the Peoples’ Republic of Bangladesh recognizes the fundamental responsibility of the state to secure its citizens the provision of the basic necessities of life including food. There is, therefore, a clear commitment on the part of the state to ensure access to food for the needy. Article 16 states that rural transformation has to be brought through the agricultural revolution.

Article 18 of the Constitution says that raising the level of nutrition and improving public health is the State’s primary duty.

All these Articles imply that food security and safety requirements for consumers must be ensured by the state through enactment of appropriate laws. Moreover, the Constitution enshrines the ‘right to life’ and personal liberty as a fundamental right. As decided by the Supreme Court, the concept of ‘right to life’ does include a right to a decent, healthy and dignified environment21. The Constitution recognizes work as a right and duty22 and also guarantees equality of opportunity in public employment23 and equality before law24. All

21

In a judgment dated 1 July, 1996 the Supreme Court has given judicial recognition that ‘right to life’ includes right to sound environment 22 Article 20 of the Constitution of the People’s Republic of Bangladesh 23 Article 29 of the Constitution of the People’s Republic of Bangladesh 24 Article 27 of the Constitution of the People’s Republic of Bangladesh

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these have little meaning when the basic human equality that comes with adequate food and water is denied.

Box: 3 Petition against radioactive milk-powder Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 92 of 1996 This petition was filed by Dr. Farooque, the founder of BELA, as a potential consumer seeking redress against the failure of the authorities in taking effective and efficacious measures to deal with a consignment of 125 metric tons Skimmed Milk Powder imported to Bangladesh. The milk was found by the Atomic Energy Commission to be containing high concentration of radioactivity. It was argued that if the Constitutional right to life is to have meaning, consumers must be protected against all unscrupulous activities aimed at releasing the consignment of radioactive milk to the market. The Judgment addressed some vital issues for the first time.

While the authorities were directed to adopt necessary measures to ensure proper testing of the milk, the scope of the Constitutional right to life was broadened.

4.2. Basic laws on food i.

The Penal Code, 1860 (Act No. XLV of 1860) â&#x20AC;&#x201C; The Code describes adulteration of food or drink25 and sale of noxious food or drink26 as offences affecting the public health and safety. Any person committing such offence shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand taka, or with both.

ii.

The Essential Articles (Price Control and Anti-Hoarding) Act, 1953 (Act No. XXII of 1953) - This Act was promulgated to control the supply and distribution of, and trade and commerce in, certain limited number of essential commodities including food. The Act empowers the government to fix the maximum price of an essential article at the retailer, wholesaler and at any other levels27. The Act provides prohibition against purchase, sale, etc., at prices exceeding the maximum price28.

25

Section 272 Section 273 27 Section 3 28 Section 4 26

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iii.

The Control of Essential Commodities Act, 1956 (Act No. I of 1956) - This Act was formulated to provide powers to control the production, treatment, keeping, storage, movement, transport, supply, distribution, disposal, acquisition, use or consumption of, and trade and commerce in, certain commodities. Foodstuffs have been defined as an essential commodity under this Act29. This law has clear provision as to the penalty and the procedure to impose the penalty, if any person contravenes any provision of this Act30.

Making false statement or furnishing false information is a punishable offence under this Act31.

iv.

The Food (Special Courts) Act, 1956 (Act No. X of 1956) - This Act appoints Special Magistrates to try and punish contraventions of any notified order in respect of foodstuffs32. If any person commits an offence punishable under this Act, that person shall be punishable with an imprisonment for a term which may extend to three years or with a fine or with any one or both of them and the Court of Special Magistrate, trying such offence, may direct that any foodstuffs, in respect of which the said Court is satisfied that a notified order has been contravened, shall be forfeited to the Government33.

v.

The Essential Commodities Act, 1957 (Act No. III of 1957) - This Act was passed for price control and regulation of trade and commerce between different areas in Bangladesh, in respect of certain commodities listed in its preamble.

vi.

The Pure Food Ordinance, 1959 (Ordinance No. LXVIII of 1959) as amended by the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of 2005) - This Ordinance defines â&#x20AC;&#x153;foodâ&#x20AC;?34 as any kind of edible oil, fish, fruit, meat or vegetable or any other article used as food, drinking water or any other drink for human consumption, other than any drug, and includes ice, aerated water, carbonated water or any substance whether processed, semi

29

Section 2(a)(i) Section 6 31 Section 9 32 Section 4 33 Section 6 34 Section 3(5) 30

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processed or raw or any substance which has been used in the manufacture, preparation or treatment of food and those articles which will be notified by the Government from time to time, and(a) any substance which is intended for use in the composition or preparation of food, (b) any permitted flavouring matter or any spice or condiment, and (c) any food grade colouring matter, preservative, anti oxidant and other additives intended for use in food.

The Ordinance provides norms for processing products, to be consumed as food, in order to avoid any adulteration that could harm consumers. The Ordinance appoints Public Analysts of Food to analyze or examine suspicious adulterated food articles and certify the result of such analysis35.

A 16-member National Food Safety Advisory Council was constituted under the Ordinance36 in 2005 to advise the Government on matters related to food safety; standards and quality control (National and Codex Standard) for food; policies and strategies related to food safety and quality control; etc37.

Furthermore, the Ordinance has provisions for prohibition of manufacture or sale of food not of proper nature, substance or quality38; prohibition of sale or use of poisonous or dangerous chemicals, intoxicated food colour39; prohibition of manufacture or sale of food not of proper standard of purity40; prohibition of manufacture or sale of anything similar to or resembling an article of food41; prohibition of keeping adulterants in places where food is manufactured or sold42; prohibition of sale of diseased animals and 35

Section 4 Section 4A 37 No meeting of the Council was held in last eight years since the body was formed 38 Section 6 39 Section 6A 40 Section 7 41 Section 14 42 Section 16 36

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unwholesome food intended for human consumption43 and prohibition of use of false labels44 and false advertisement45.

The Ordinance has provisions for an Inspector46 who, when appointed by the Government or the local authority, shall have the power to seize the food that is believed to be adulterated47.

The Ordinance has a provision for establishing the Pure Food Court and empowers it to cause any article of food, or ingredient used in the manufacture thereof or substance capable of being so used, to be sent for analysis to the Director of Public Health Laboratory, Bangladesh, or to such other person as the Government may appoint by general or special order for the purpose48.

This five-decade old law will be repealed soon and a new law will come into force. The new draft was approved in principle by the cabinet on July 1, 2013.

The draft proposes the formation of a National Pure Food Management Advisory Council, headed by the food minister and consisting of members from different ministries and government, private and academic agencies.

Besides, it also seeks to form a unified authority â&#x20AC;&#x201C; namely the Bangladesh Food Safety Authority (BFSA) comprising a chairman and five members. It proposes forming as many food courts as deemed required to check the adulterations.

The new draft proposes the inclusion of over 200 food commodities49.

According to the draft law, anyone found guilty of mixing life-threatening chemicals in food would be sentenced either to seven yearsâ&#x20AC;&#x2122; imprisonment or

43

Section 17 Sections 18 45 Sections 19 46 At present there are only 565 sanitary inspectors working across the whole country 47 Section 34 48 Section 32(1) 49 The 1959 Ordinance covered only 8 food commodities 44

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fined one million taka, or both. If anyone repeats the offence, the punishment is to be doubled.

Initially, the draft had proposed the death penalty for such offences. But later the punishment was lowered on the recommendations of different stakeholders. Once enacted by the Parliament, the new law would replace the existing food quality control system that involves as many as 15 ministries and their agencies in inspection and law enforcement.

But the new law lacks in providing a comprehensive definition of food to incorporate the nutrition aspect to it. Though the law, in Section 21, has banned GM food, it has imposed some conditions for banning as well.

Furthermore, the law has not proposed any punitive measures to support the ban of GM food. The draft ensures legal actions only against people who produce lethal food items, but fails to prescribe punishment against those producing unhygienic food items unless these cause death to people. There is no guideline for setting up new laboratories for examining the nutritional value of food items. Provisions related to the peopleâ&#x20AC;&#x2122;s right to food, including accessibility and affordability of food, also need to be included in the draft. vii.

The Bangladesh Pure Food Rules, 1967 - These Rules set the generic standards for 107 food products. Under these Rules the Ministry of Local Government performs inspection services at the point of sale in markets and retail outlets. The Ministry of Commerce grants import licenses for food.

viii.

The Foodgrains Supply (Prevention of Prejudicial Activity) Ordinance, 1979 (Ordinance No. XXVI of 1979) - The ordinance provides special measures for prevention of prejudicial activity relating to the storage, movement, transshipment, supply and distribution of food grains. It provides a basis for the protection against false statement or information50.

ix.

The Breast-Milk Substitutes (Regulation of Marketing) Ordinance, 1984 (Ordinance No. XXXIII of 1984) â&#x20AC;&#x201C; This Ordinance was brought in to promote

50

Section 3(2)(f)

13

breast-feeding by regulating the marketing of breast-milk substitutes. These substances are defined as any food represented as a partial or total substitute for breast-milk. Making, exhibiting, distributing, circulating, displaying or publishing any advertisement regarding promotion of any breast-milk substitutes has been prohibited under this Ordinance51. x.

The Bangladesh Standards and Testing Institution Ordinance, 1985 (Ordinance No. XXXVII of 1985) as last amended by the Bangladesh Standards and Testing Institution (Amendment) Act, 2003 (Act No. XXVII of 2003) and the Bangladesh Standards and Testing Institution Rules 1989 made there under - The Ordinance provides for the establishment of an institution for standardization, testing, metrology, quality control, grading and marking of goods. Within the framework of this ordinance, the government established the Bangladesh Standards and Testing Institution (BSTI) in 1985, the only National Standards body of Bangladesh. It has been entrusted with the responsibility of formulating national standards relating to materials, commodities, structures, practices and operations keeping in view the regional and international standards. It also certifies the quality of materials, whether for local consumption or for export and import. There are currently 151 standards covered by BSTI of which 58 are food standards. Enforcement of standards includes removal from market of non-standard products. The Institution became a member of the International Organization for Standardization (ISO) in 1974. At present, BSTI is the Codex Focal Point for Bangladesh.

xi.

The Consumer Rights Protection Act, 2009 (Act No. 26 of 2009) - The Act has provisions for the protection of consumer rights and for prevention of acts against consumer rights and interests and other relevant issues. It explains the activities that are against consumerâ&#x20AC;&#x2122;s rights such as - selling at a higher price, selling any adulterated medicine or product, selling any product which has a mixture of any other product, deceiving people with false or untrue advertisements, not supplying proper goods for the price paid, making

51

Sections 3 and 4

14

counterfeit products, selling date-expired products and so on52. The Act lists various actions to be taken by the concerned authorities against the production of items or services that are likely to induce grave or imminent dangers to public health. It envisions the establishment of a Consumer Right Protection Council consisting of 29 members53; establishment of the District Committee54, Upazila Committee and Union Committee55 and a Department56 to be headed by a Director General (DG). The Act allows a person to lodge a complaint before the DG, or any authorized person, within 30 days from the date of emergence of the cause. Upon receiving the complaint, the DG has the power to take all necessary measures to protect the consumer’s right and to prevent any act against it. Punishment for the various acts against consumer’s rights and interests, and for violation of the provisions of this Act, has been clearly laid down in the Act57.

4.3. Laws relating to crop agriculture 4.3.1. Agriculture and irrigation i.

The Canals Act, 1864 (Act V of 1864) – This act relates to the collection of tolls on canals and other lines of navigation. It also makes provisions for the construction and improvement of lines of navigation. Under this Act, the government may take possession, of any land that may be necessary for the execution of any works as prescribed by the act58.

ii.

The Irrigation Act, 1876 (Act III of 1876) – It empowers the government to use water from any river or stream flowing in a natural channel, or of any lake or other natural collection of still water, for the purpose of any existing or projected canal59. While exercising such authority, persons who sustain any

52

Section 2(20) Section 5 54 Section 10 55 Section 13 56 Section 18 57 Sections 37-56 58 Section 3 59 Section 6 53

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loss in a way as specified in this act shall be properly compensated60. If any supply of drinking water is substantially deteriorated or diminished, by any works undertaken in accordance with a declaration made by the government under this act, the concerned authority shall be bound to provide adequate facilities at the nearest point61. In case of any accident being apprehended or happening to a canal or flood-embankment, the authority concerned shall take all preventive measures62. For the prevention of injury to public health or public convenience or to any canal or to any land for which irrigation is available arising from the obstruction of any river, stream or natural drainage course, the authority may take necessary measures in removing such obstruction63. The act has provisions to construct and maintain villagechannels upon consent of the owners of the respective lands64 and if any person desires to receive water through such channels that person may make a private arrangement with the owner or the concerned authority65. iii.

The Agricultural and Sanitary Improvement Act, 1920 (Act VI of 1920) â&#x20AC;&#x201C; This act relates to the construction of drainage and other works for the improvement of agriculture and sanitary conditions. It empowers the Collector to undertake such works, either of his own volition or on request from local inhabitants66. The scheme shall be finalized only on consideration of objections as may be received67 and every person, whose right to fishery, right to the use of water etc. is injuriously affected shall be entitled to compensation under the Act68.

iv.

The Tanks Improvement Act, 1939 (Act No. XV of 1939) â&#x20AC;&#x201C; It primarily concentrates on the improvement of irrigation tanks. The law enunciates the

60

Section 9 Section 12 62 Section 35 63 Section 40 64 Section 59 65 Section 66 66 Section 3 67 Section 6 68 Section 23 61

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procedural matters regarding acquisition of tanks, that have fallen into disrepair or disuse, and their improvement and use for irrigational purposes69. v.

The Agricultural Development Corporation Ordinance, 1961(Ordinance No. XXXVII of 1961) â&#x20AC;&#x201C; The ordinance allowed a corporation called the Bangladesh Agricultural Development Corporation to be established for the purpose of increasing agricultural production in Bangladesh. In 1975, BADC was renamed the Bangladesh Agricultural Inputs Supply and Services Corporation (BAISSC) to distinguish the functions of the corporation from other development agencies of the government in the agricultural sector. But for all practical purposes the government restored the status quo and BAISSC was again renamed BADC through the Agricultural Inputs (supply and services) Corporation (amendment) Ordinance, 1976. The mandatory or primary functions assigned to BADC under the 1961 Ordinance were: to make suitable arrangements throughout Bangladesh on a commercial basis, for the procurement, transport, storage and distribution, to agriculturists, of essential supplies such as seed, fertilizers, plant protection equipments, pesticides, and agricultural machinery and implements; to promote the setting up of cooperative societies with a view to handing over to them its supply functions in accordance with phased programs; to encourage the development of cooperative societies in other spheres in which the Corporation is interested; to take over and manage seed multiplication and livestock breeding farms and fruit nurseries; and to assist, encourage and promote the manufacture of improved agricultural machinery and implements70.

BADCâ&#x20AC;&#x2122;s optional functions, in relation to mandatory responsibilities among others, are to give loans in kind; to assist, encourage and promote the establishment of industries for the processing of agricultural produce, formulating or manufacturing of insecticides, pesticides, fungicides etc; and to

69 70

Section 3 Section 13(1)

17

organize the supply, maintenance and operation of lift-pumps and tube-wells, and set up light workshops for running repairs71. vi.

The Agricultural Produce Markets Regulation Act, 1964 (Act No. IX of 1964) subsequently amended by the (Agricultural Produce Markets Regulation (Amendment) Ordinance, 1985 (Ordinance No. XIX of 1985) â&#x20AC;&#x201C; This act provisions the regulation of the purchase and sale of agricultural produce and of markets where such produce is purchased and sold. This act has a provision to constitute a District Market Advisory Committee72, to which any dispute arising between a purchaser and a seller will be referred for amicable settlement or for arbitration73. The act stipulates that every Market Advisory Committee shall maintain a specified set of standard weights and measures and shall ensure that such sets are available free of charge to any purchaser or seller for measurement purposes74.

vii.

The Bangladesh Irrigation Water Rate Ordinance 1983 (Ordinance No. XXXI of 1983) - This ordinance was introduced to impose water rate for supply, regulation or storage of water for irrigation or drainage. This act deals with rates that may be imposed by the government for supply or regulation of water in any area75, remission of the water rates in case crop failure76, free passage of water for irrigation or drainage77, prohibition relating to diversion of normal flow of water by obstruction78 and unauthorized use or wasting of water79.

viii.

The Agricultural Labour (Minimum Wages) Ordinance, 1984 (Ordinance No. XVII of 1984) - This ordinance provisions the fixation of minimum rates of wages for agricultural labourers. It also has a provision for the constitution of a Council of Minimum Wages and Prices for Agricultural Labour that shall,

71

Section 13(2) Section 9 73 Section 14 74 Section 15 75 Section 4 76 Section 6 77 Section 8 78 Section 9 79 Section 10 72

18

upon a reference made to it by the Government, recommend to the Government, after such enquiry as the Council thinks fit and after consideration of the economic conditions, costs of living and other relevant factors, the minimum rates of wages for agricultural labour80. ix.

The Ground Water Management Ordinance, 1985 (Ordinance No. XXVII of 1985) â&#x20AC;&#x201C; This Ordinance was passed to manage the ground water resources for agricultural production. It is mandatory under this ordinance to have license for installation of tubewells in any place81.

4.3.2. Pest and quality control i.

The Agricultural Pests Ordinance, 1962 (Ordinance No. VI of 1962) - It was promulgated for the prevention of spread of agricultural pests in Bangladesh.

Under this law the government may prohibit those methods of cultivation that are responsible for the spread of agricultural pests and transport or sale of infested crop82. It appoints inspectors83 who can at any time enter and inspect any land, building, vessel or vehicle, seize any infected crop or destroy it.

Preventive measure as suggested by the concerned authority shall have to be carried out by the owner of the infested crops. Any area may be declared as affected area in case of widespread infestation84. Schedules I, II, III and IV of the Act enumerates a compressive list of agricultural pests.

ii.

The Agricultural Pesticides Ordinance, 1971 (Ordinance No. II of 1971) as amended by the Pesticides (Amendment) Act, 2009 and The Pesticides Rules, 1985 as amended by the Pesticides (Amendment) Rules, 2010 - They came into force to regulate the import, manufacture, formulation, sale, distribution and use of pesticides. Registration of all brands of pesticides is mandatory85, while issuance of registration certificates greatly depends on matters connected with the impact of any brand upon vegetation, human or animal

80

Section 4 Section 5 82 Section 3 83 Section 5 84 Section 9 85 Section 4 81

19

health86. If any imported pesticide is found to be adulterated or incorrectly or misleadingly tagged, labeled or named, or if its sale in any way contravenes any provision of this Ordinance, the Government may prohibit the further import of the pesticide into Bangladesh87. The ordinance has strictly prohibited selling or advertising or holding in stock any pesticide unless each package contains the pesticide, and every tag or label durably attached thereto, is branded or marked in printed characters88. iii.

Plant Quarantine Act, 2011 - This law regulates the controlled export and import of plants, microbes, and soil. It strengthens the authority of the government to take steps to prevent the introduction of alien insects and diseases into the country. The law replaces a prior statute, the Destructive Insect and Pest Act, 1914. It prescribes a maximum punishment of two years of imprisonment and a fine of Tk. 500,000 for producing, carrying, or distributing prohibited plants or related products.

4.3.3. Seeds and fertilizer i.

The Seeds Ordinance, 1977 (Ordinance No. XXXIII of 1977) as amended by the Seeds (Amendment) Act, 2005 â&#x20AC;&#x201C; The law seeks to regulate the sale of certain seeds regarding their quality and other matters concerned. In accordance with the provision of this law, a National Seed Board was established consisting of 21 members to advise the government on matters arising out of the administration of this law and to carry out the other functions assigned to it by or under this law. The Seed Certificate Agency, also established under the law, is the only authorized body for quality control of all kinds of seeds in Bangladesh. It has been performing its role for seed certification of five notified crops (rice, wheat, jute, potato & sugarcane)89.

The Agency certifies and maintains seed quality through field inspection, seed testing and variety testing.

86

Section 5(4)(d) Section 9 88 Section 10 89 http://www.sca.gov.bd 87

20

ii.

The Fertilizer (Management) Act, 2006 (Act No. 6 of 2006) as amended by Fertilizer Management (Amendment) Act, 2009 and Fertilizer (Management) Rules, 2007 made thereunder â&#x20AC;&#x201C; They aim to stop the sale of mixtures of substances, or low-grade fertilizers, in the name of organic fertilizers. In accordance with the law, quality maintenance, control of adulteration/ low content fertilizer and its production/ import are being handled strictly.

4.3.4. GMO and bio-safety i.

The Bangladesh Bio-safety Rules, 2012 - The rules were framed to facilitate research, development and production of genetically modified organisms and also to deal with their export/import and transboundary movements. They were developed under provisions of the "Bangladesh Environment Conservation Act, 1995". Based on the new rules, an individual or a party may be liable for imprisonment or subjected to fines, if found to have harmed the environment, within 30 days of an official report. The rules have restricted the import, export or any other kind of uses of GMOs. Notification has been made mandatory for transboundary movement or any other uses of GMOs by the respective ministries. Various committees envisaged by the rules have already been formed for management of the risks. The overall coordination in the implementation of the rule has been assigned to the Department of Environment.

4.4 Laws relating to non-crop agriculture 4.4.1. Fisheries 4.4.1.1. Management of inland fisheries i.

The Private Fisheries Protection Act, 1889 (Act II of 1889) - The history of fishery related laws dates back to 1889 when this act was enacted for the protection of fishing rights in private waters. Under this Act, "private water" means water bodies that are (a) exclusive property of any person; or (b) in which any person has an exclusive right of fishery, and in which fish are not confined to but have means of ingress or egress"90. This act prohibits fishing

90

Section 2

21

by any person, not having a right to fish, in any private waters. The erection, placement, maintenance or use of any fixed engine in private waters for the purpose of catching or destroying fish without the permission of the owner is an offence. ii.

The Protection and Conservation of Fish Act, 1950 (Act XVIII of 1950) - The act defines fish to include all cartilaginous, bony fishes, prawn, shrimp, amphibians, tortoises, turtles, crustaceans, molluscs, echinoderms and frogs at all stages in their life history,91 but it does not differentiate between "protection" and "conservation" by defining the terms. The definition of "fishery" was long absent in the legal regime and such absence created debate over the acquisition of the same under the State Acquisition and Tenancy Act (SAT). The legal regime first defined "Fishery" in 1995 when an amendment was introduced to the Conservation Act of 1950. For the purposes of the Act, the term "fishery" meant "any water body, natural or artificial, open or closed, flowing or stagnant (such as river, haor, baor, beel, floodplain, canal etc.) where activities for growing fish, or for conservation, development, demonstration, breeding, exploitation or disposal of fish or of living organisms related to such activities are undertaken, but does not include an artificial aquarium of fish used as a decorative article, pond or tank"92. The 1950 Act, although enacted to protect "fish", has purported to regulate some of the growing concerns of gradual depletion of fishery and fish resources. As such, the Act has empowered the government to make rules regulating the depletion of fishery by pollution, trade, effluents or otherwise. Construction of dams, bunds, embankments and other structures that may be harmful to fish93 are also covered. In addition, the government can also make rules to determine the seasons, when fishing of prescribed species is prohibited, and fix the minimum size of the species for fishing. The government may also prohibit all

91

Section 2(1) Section 2(1a) 93 Section 3(3) 92

22

fishing in all waters or in any specified waters for a specified period and also the destruction of fishes by drying or de-watering of any fishery94. iii.

The Protection and Conservation of Fish Rules, 1985 - In 1985, a set of rules95 were made, under the Protection and Conservation of Fish Act, 1950, to prohibit thoughtless fishing activities. Erection of fixed engines in rivers, canals, khals and beels96, construction of dams and embankment other than for irrigation, flood control or drainage purposes97, destruction of fish by explosives in inland or coastal territorial waters98 or by poisoning/depleting water99 were prohibited. To facilitate the augmentation and production of fish species like Shol100, Gazar101 and Taki102 the rules prohibited fishing or destruction of fish fries or parent fish of these species between 1 April to 31 August. The prohibition was envisaged to allow them a safe journey to the rivers or any sheet of water that ordinarily has direct communication with any river, canal, khal or beel. Similarly, the rules also prohibited the catching of carp fishes like Rui, Catla, Mrigal, Kalbaus103 or Ghania of any size in the waters of rivers, khals etc. This prohibition came into force in different periods, between April and July, in different water bodies as specified in the schedule. This rule, however, excepted pisciculture104. The sale of carps, Hilsha105, Pungus106, Silon107, Bhola108 and Aor109 below a specified size is also prohibited during different periods of the year110. The rules have envisaged the need for further notification to prohibit the catching, carrying

94

Section 3(3) Published in the Official Gazette on 16 October, 1985 96 Rule 3 97 Rule 4 98 Rule 5 99 Rule 6 100 Red List of Threatened Fishes of Bangladesh. IUCN Bangladesh. 2000. Listed no. 50 101 Red List of Threatened Fishes of Bangladesh. IUCN Bangladesh. 2000. Listed no. 51 102 Red List of Threatened Fishes of Bangladesh. IUCN Bangladesh. 2000. Listed no. 52 103 Red List of Threatened Fishes of Bangladesh. IUCN Bangladesh. 2000. Listed no. 12 104 Rule 8 - 1st Schedule 105 Red List of Threatened Fishes of Bangladesh. IUCN Bangladesh. 2000. Listed no. 10 106 Red List of Threatened Fishes of Bangladesh. IUCN Bangladesh. 2000. Listed no. 36 107 Red List of Threatened Fishes of Bangladesh. IUCN Bangladesh. 2000. Listed no. 35 108 Red List of Threatened Fishes of Bangladesh. IUCN Bangladesh. 2000. Listed no. 19 109 Red List of Threatened Fishes of Bangladesh. IUCN Bangladesh. 2000. Listed no. 12 110 Rule 9 - 2nd schedule 95

23

etc. of frogs within specified periods in specified areas. Subsequent to these rules, the Export Policy of 1997-2002, also imposed a ban on export of frogs of all species (live or dead) and frog legs111.

4.4.1.2. Management of marine fisheries i.

The Marine Fisheries Ordinance, 1983 (Ordinance No. XXXV of 1983) - The Marine Fisheries Ordinance, 1983 was promulgated for the management, conservation and development of marine fisheries in Bangladeshi waters. The scope of the ordinance, therefore, covers the territorial waters and economic zone of Bangladesh as declared under the Territorial Waters and Maritime Zones Act, 1974112 and other marine waters over which Bangladesh has or claims to have jurisdiction with respect to the management, conservation and development of marine living resources113. For the purposes of this ordinance, "fish" means any aquatic animal, whether piscine or not, and includes any shell-fish, crustacean, turtle or aquatic mammal, and their young, fries, eggs and spawns thereof114. "Fishery" means one or more stocks of fish that can be treated as a unit for the purpose of conservation and management115. The Marine Fisheries Ordinance, 1983 entrusts the Director of the Marine Fisheries Department (that now stands merged with the Department of Fishery as a marine fisheries wing) with the responsibility for the management, conservation, supervision and development of marine fisheries. The ordinance introduces a licensing system for marine fishing in the Bangladesh fishing waters116 and empowers the government to make rules regulating the conditions of such licensing. The government is empowered to declare any area of the Bangladesh fisheries waters, and adjacent or surrounding land, to be a marine reserve117. Punishment has been prescribed for unauthorized

111

Item 11.1.17 of the Export Policy, 1997-2002 Act No. XXVI of 1974 113 Section 2(a) 114 Section 2(c) 115 Section 2(d) 116 Section 8 117 Section 28 112

24

activities in marine reserves like discharge or deposits of waste or any other polluting matter118. ii.

The Marine Fisheries Rules, 1983 â&#x20AC;&#x201C; In 1983, the Fisheries and Livestock Division under the Ministry of Agriculture framed the Marine Fisheries Rules, 1983119 that was subsequently amended on 28 December, 1992120. Under the rules, every applicant for a licence of a local or a foreign fishing vehicle must disclose the method of fishing and the areas and amount to be fished121 to the licensing authority. All licencees must comply with all relevant laws and rules regarding the conservation and management of fisheries in Bangladesh122. The licence holder shall only be allowed to catch such fishes in such quantities, using such methods and fishing gear as may be authorized in the licence123.

Rule 14 determines the size of nets for shrimp and fish trawl while Rule 15 regulates the area for fishing with each type of net. The prohibited methods of fishing, under the rules, include fishing with any gear having a mesh size smaller than specified, use of any kind of explosives, poison and other noxious substances and electrocuting the marine species of any type124.

4.4.1.3. Quality control i.

The Fish and Fish Products (Inspection and Quality Control) Ordinance, 1983 (Ordinance No. XX of 1983) - The ordinance defines "fish" to include all cartilaginous and bony fishes, prawns, shrimps, amphibians, tortoises, turtles, crustacean animals, coelenterates, molluscs, echinoderms and frogs at all stages of their life history125. The government can make rules that are necessary, or expedient, for ensuring the quality of fish and fish products for export and the containers thereof126. "Quality control" for the purposes of this

118

Section 29 Published in the Official Gazette on 8 September, 1983 120 Published in the Official Gazette on 3 January, 1993 121 Rule 3 (e -II, III, IV) 122 Rule 7 (b) 123 Rule 7 (c) 124 Rule 16 125 Section 2 (b) 126 Section 3 119

25

Ordinance shall mean the technique by which conformity of a product to establish standard is assured127. Section 5 of the ordinance imposes a bar on the export of any fish and fish products intended for human consumption that is decomposed, unwholesome or contaminated with pathogenic organisms.

Violation of the provisions of this ordinance may be penalised with imprisonment, fine or both.

The Ministry of Fisheries and Livestock framed the necessary rules under this ordinance and published them in the official Gazette On 4 December, 1997. ii.

The Fisheries Development Corporation Act, 1973 (Act No. XXII of 1973) â&#x20AC;&#x201C; This act set up the Bangladesh Fisheries Development Corporation (BFDC) to establish and develop the fishing industry. It aimed to facilitate activities, like transportation, preservation, processing, distribution and marketing of fish, and also set up organizations for the export of fish and fish products128. This act also defines "fish" to mean any species of fish or aquatic plants and animals including whales, seals, porpoises, dolphins, turtles, shellfish, oysters, crustaceans, frogs, ascidians and spawns and eggs of such animals or plants grown either in salt water or fresh water129.

4.4.1.4. Research on fishery i.

The Fisheries Research Institute Ordinance, 1984 (Ordinance No. XLV of 1984) - The Fisheries Research Institute (FRI) was established, under this ordinance, and entrusted with the responsibility of coordinating research on fisheries in Bangladesh to assist in the development of more efficient and economic methods for fish production, management, processing and marketing130.

4.4.2. Poultry and livestock

127

Section 2(h) Fisheries Development Corporation Act, 1973, Section 6 129 Fisheries Development Corporation Act, 1973, Section 2 (d) 130 Fisheries Research Institute Ordinance, 1984, Section 6 (a)(b) 128

26

i.

The Livestock Importation Act, 1898 (Act No. IX of 1898) â&#x20AC;&#x201C; This act was promulgated to make better provisions for the regulation of livestock import.

The act defines "live-stock" to include horses, kine, camels, sheep and any other animal specified by the government by notification in the official Gazette. The act empowers the Government to regulate, restrict or prohibit the bringing or taking by sea or land, into Bangladesh or any specified place therein, of any livestock which may be liable to be affected by infectious or contagious disorders, and of any fodder, dung, stable-litter, clothing, harness or fittings appertaining to livestock or that may have been in contact therewith.

ii.

The Livestock Research Institute Ordinance, 1984 (Ordinance No. XXVIII of 1984) - This ordinance provides for the establishment of a Livestock Research Institute: (a) to identify and solve the basic livestock problems of the country through research; (b) to develop suitable methods for quick diagnosis and treatment of various livestock diseases; (c) to study the epidemiology and the existing situation of various bacterial, viral, fungal parasitic diseases and their pathogenic effects on the productivity of animals; (d) to study immunological characteristics of various organisms of important livestock and poultry diseases and to develop appropriate technology for production of suitable biologies; (e) to develop suitable breeds of livestock for increasing production of milk, meat and drought powers and poultry for eggs and meat; (f) to develop methods for improving production and preservation of fodder and feeds, and for better utilisation of agricultural by-products, wastes and non-conventional foodstuff for improving livestock production; (g) to improve management practices that will ensure better health and production of animals and birds; (h) to evaluate indigenous herbs and shrubs and explore the possibility of their use as drugs in treatment of livestock diseases; 27

(i) to identify poisonous plants and their effects on animal health and their remedies; (j) to develop improved methods for collection, processing and storage of livestock products that will reduce spoilage and improve storage quality; (k) to assess the production cost of components of various livestock and their products; (l) to identify marketing problems regarding livestock and their products and develop a suitable system for grading and marketing of livestock products; (m) to improve livestock production technology; (n) to disseminate information regarding livestock research to farmers; (o) to organise seminars, symposiums and workshops on problems of national importance regarding livestock; (p) to publish annual reports of the activities of the Institute; and (q) to perform such other functions as may be necessary for the purposes of this Ordinance.

4.5. Laws on land use, administration and management i.

State Acquisition and Tenancy Act, 1950 (Act No. XXVIII of 1950) â&#x20AC;&#x201C; This Act provides for the acquisition by the State of the interests of rent-receivers and certain other interests in land in Bangladesh and to define the law relating to tenancies to be held under the State after such acquisition and other matters connected therewith. The act basically terminated individual tenancies over certain lands and limited private tenancies to identified lands. According to State Acquisition and Tenancy Act 1950, the land ceiling per family was fixed at 33.3 acres (100 Bighas), which was revised and raised to 125 acres (375 Bighas) in 1959. After the independence of Bangladesh the land ceiling was brought down again from 125 acres to 33.3 acres and also exempted families owning less than 4 acres from land taxes. If land is lost due to river erosion, it can be given back to the original owner, but on the condition that resurfacing of the land must occur within 20 years. In such cases, the original owner may get the land back by paying the rent as settled by the revenue office, provided 28

that the original owner does not already posses land over 375 bighas131. After the independence of Bangladesh, some amendments were made to the act, through the Presidential Order of 1972 (Order 135/137), to bring all alluvian land under khas possession. The right and title of dilluviated land of the original owner was abolished. The transformation of Shikasty land also proved beneficial because it provided a legal deterrent to the violent practices of jotdars who sought to establish claims of ownership on all newly risen land in their area of influence. ii.

The Acquisition of Wasteland Act, 1950 (Act XIX of 1950) - An Act to provide for the acquisition of wasteland for public purposes in Bangladesh. The Act includes production of food132 amongst others as public purpose.

iii.

The Culturable Wasteland (Utilization) Ordinance, 1959 (Ordinance XIII of 1959) – This ordinance defines "food crops" to include vegetables and fruits.

iv.

Bangladesh Land Holding Limitation Order, 1972 (P. O No. 98 of 1972) – This order reduced the landholding ceiling in Bangladesh and dealt with matters ancillary thereto. The order defines “land”133 as land covered with water at any time of the year, benefits arising out of land and things attached to the earth or permanently fastened to anything attached to the earth. It imposes limitation on landholding by stating that no family or body shall be entitled to retain any land held by it in excess of one hundred standard bighas in the aggregate. All lands held by that family or body in excess of that quantity shall be surrendered to the government. No family or body shall be entitled to acquire any land by purchase, inheritance, gift, heba or otherwise if the land already held exceeds one hundred standard bighas134. The government may relax the limitations under some specified conditions135.

v.

The Land Reforms Ordinance, 1984 (Ordinance No. X of 1984) - This ordinance aimed to reform laws, relating to land tenure, land holding and transfer, with a view to maximizing production and ensuring a better relationship between land

131

Section 86 Section 2(4)(a) 133 Section 2(e) 134 Section 3 135 Section 4 132

29

owners and bargadars. It fixed the per family agricultural land ceiling at 60 bighas, whether acquired by purchase, inheritance, gift, or any other manner.

But this did not help recover a significant amount of land because the local and national land administration and the wider legal and political bodies were often under the tight grip of the landowning classes. Only an insignificant portion of cultivable land (about one per cent) could be redistributed due to these ceiling acts136. The ordinance also prohibited purchasing of agricultural land by any Absentee person

137

. It also debarred the court or any other

authority from attaching, forfeiting or selling any homestead land of an agriculturist and from dispossessing or evicting him/her from such land. vi.

The Land Management Manual, 1990 - In express recognition of people's customary right to bathe, wash clothes, fish etc., Article 192 of the Land Management Manual of 1990 entrusted the local government in the Union Parishad (lowest administrative tier) with the task of managing the closed water bodies below three acres. The manual sets forth the procedure to be followed by the government in managing various important resources like water bodies, fisheries, alluvial land, etc.

5. Policy and planning frameworks 5.1. Policies on food Following the World Food Summit of 1996 and the 1999 Development Forum held in Paris, the government of Bangladesh undertook an in-depth and consultative process of policy reform regarding food security. This resulted in a comprehensive food security policy framework (the National Food Policy, 2006) and programming document (the National Food Policy Plan of Action (2008-2015)) as well as an investment plan for food security and nutrition (the Bangladesh Country Investment Plan).

136

Sheikh Salauddin in â&#x20AC;&#x153;Land Rights and Poverty Alienationâ&#x20AC;?, published by Bangladesh Legal Aid and Services Trust (BLAST), 2005 137 Absentee (benami): in the name of another person and provided for treating the apparent transferee of the land as the real owner

30

5.1.1. The National Food Policy of 2006138 The Policy emphasizes the important linkages between availability, access, and nutrition outcomes to ensure dependable and sustained food security for all people of Bangladesh at all times. It clarifies three basic concepts: food security for all people; access to food depending on household income and food prices; and health care through improvements in the health care system and nutrition. The major objectives of the National Food Policy, which aims at ensuring dependable food security for all, are the following:

Box 4: Objectives of the National Food Policy 2006 Objectives of the National Food Policy 2006 Objective 1: Adequate and stable supply of safe and nutritious food Objective 2: Increased purchasing power and access to food of the people Objective 3: Adequate nutrition for all individuals, especially women and children

5.1.2. The National Food Policy Plan of Action (2008-2015)139 The National Food Policy Plan of Action (PoA) translates the three core objectives of the policy into strategic areas of intervention and priority action. It was formulated to provide programmatic guidance in implementing the policy.

The plan identifies 26 strategic areas of intervention and priority actions that cover all dimensions of food security. It focuses on coordination and identifies the responsible actors (government and non-government) and suggests a set of policy targets and indicators to monitor progress. The plan establishes collaborative relationships with other monitoring initiatives and sources of information related to food security, especially those linked to the Poverty Reduction Strategy Paper, the Five-Year Plan and the Millennium Development Goals.

Four main bodies are charged with formulating and implementing food security policies, particularly the National Food Policy and its associated Plan of Action:

138 139

Approved by the Cabinet on 14 August 2006 In line with the MDGs, the Plan stretches over the period 2008-2015

31

•

Food Planning and Monitoring Committee, a cabinet-level committee that provides overall leadership and oversight in the formulation of food security policies.

•

Food Policy Working Group, an inter-ministerial coordination mechanism that facilitates cross-sectoral participation in the implementation of the National Food Policy and its associated Plan of Action.

•

Food Planning and Monitoring Unit, a Government unit under the Ministry of Food that acts as a secretariat of the Food Policy Monitoring Committee.

•

Thematic Teams, specialized inter-ministerial bodies led by the Food Planning and Monitoring Unit that focus on each dimension of food security and facilitate cross-sectoral collaboration.

5.1.3. The Country Investment Plan140 To support the implementation of the National Food Policy and its Plan of Action, the government released the Country Investment Plan (CIP) in June 2010 with the following purposes: •

to plan and invest resources that address the three dimensions of food security in a coordinated way;

•

to increase the convergence of government investment and external funding in order to avoid gaps and redundancies;

•

to mobilize additional funds, including from external sources such as the L’Aquila Food Security Initiative;

•

to monitor, evaluate and, if necessary, remedy investments in agriculture, food security and nutrition.

5.2 Policies on crop agriculture 5.2.1. National Agriculture Policy (NAP), 1999141

140 141

Covers a five-year period http://www.moa.gov.bd/policy/nap.htm

32

The overall objective of the national policy is to make the nation self-sufficient in food by increasing production of all crops including cereals and ensure a dependable food security system for all. The specific objectives are to: -

Ensure a profitable and sustainable agricultural production system and raise the purchasing power by increasing the real income of farmers

-

Preserve and develop land productivity

-

Reduce excessive dependency on any single crop to minimize risks

-

Increase production and supply of more nutritious food crops to ensure food security and improve the nutritional status

-

Preserve existing bio-diversity of different crops

-

Take up programs for the introduction utilization and extension of biotechnology

-

Take necessary steps to ensure environmental protection as well as 'environment friendly sustainable agriculture' through increased use of organic manure and strengthening of the integrated Pest Management (IPM) Programmes

-

Take appropriate steps to develop an efficient irrigation system and encourage farmers in providing supplementary irrigation during drought with a view to increasing cropping intensity and yield

-

Establish agriculture as a diversified and sustainable income generating sector by strengthening of 'farming system' based agriculture and agroforestry programmes

-

Take effective steps to ensure input supplies to the farmer at fair prices and remove difficulties, resulting from the privatization of the input distribution system, at the farmer's level.

-

Develop a marketing system to ensure fair prices of agricultural commodities.

-

Introduce an appropriate institutional system to provide credit to ensure the availability of agricultural credit in time.

-

Produce and supply agricultural commodities as required by the industrial sector.

33

-

Reduce imports of agricultural commodities and find newer opportunities to increase exports as well.

-

Create opportunities for establishing agro-processing and agro-based industry.

-

Protect interests of the small, marginal and tenant farmers.

-

Update the agricultural system in the light of agreements on agriculture under WTO, SAFTA and other international treaties by protecting the national interests and

-

Develop a contingency management system to combat natural disasters.

All these specific objectives provide general guidelines or directions about how the crop sector is to evolve to achieve the overall objective of food selfsufficiency and food security. NAP also identifies 18 programme areas where actions or policies might be undertaken for achieving these goals: crop production, seeds, fertilizer, minor irrigation, pest management, agricultural mechanization, agricultural research, agricultural marketing, land use, agricultural education and training, agricultural credit, government support for production and contingency plan, food-based nutrition, environmental protection, women in agriculture, coordination among government agencies, NGOs and the private sector and a reliable database. NAP emphasizes that the goal of food selfsufficiency and dependable food security can be achieved only through efficient delivery of inputs and support services.

5.2.2. National Agricultural Policy (draft 2010) Based on an analysis of the strengths, weaknesses, opportunities and threats of the agriculture sector in Bangladesh, this policy sets out the necessary steps in order to reach the country's development objectives, including research and development, agricultural extension, fertilizer inputs and irrigation, as well as human resource development.

5.2.3. New Agricultural Extension Policy (NAEP), 1996 34

The New Agricultural Extension Policy was prepared in 1996, in accordance with the agricultural policies and priorities set out in the Fifteen-Year Perspective Plan, 1995-2010. These policies and priorities include (i) attainment of self-sufficiency in foodgrains and increment of production of other nutritional crops, (ii) ensuring sustainable agricultural growth through more efficient and balanced uses of land, water and other resources, (iii) increasing foreign exchange earnings through agricultural exports, (iv) introducing high value cash crops, (v) improving the quality and availability of seeds, (vi) reducing environmental degradation, (vii) increasing fish, livestock and forestry production and (viii) conserving and developing forest resources.

The goal of the New Agricultural Extension Policy is to encourage the various partners and agencies within the national agricultural extension system to provide efficient and effective services which complement and reinforce each other, in an effort to increase the efficiency and productivity of agriculture in Bangladesh.

To achieve this goal, the NAEP lists the following policy measures, called Components: - extension support to all categories of farmers; - efficient extension services; - decentralization; - demand-led extension; - working with groups of all kinds; - strengthened extension-research linkage; - training of extension personnel; - appropriate extension methodology; - integrated extension support to farmers; - coordinated extension activities; - integrated environmental support.

5.2.4. National Integrated Pest Management (IPM) Policy, 2002142 142

http://www.moa.gov.bd/policy/nap.htm

35

In the context of Bangladesh, the term IPM includes elements contributing to an effective, safe, sustainable and economically sound crop protection system. It is not limited to the pest management system alone. IPM conserves the natural resources such as soil, flora and fauna and ensures reliability and stability of agricultural production.

The objective of the IPM policy is to enable farmers to grow healthy crops in an incremental manner and thereby increase their income on a sustainable basis while improving the environment and community health. To achieve the objective, the policy is to pursue the following strategies: -

to expand IPM on a sustainable basis by establishing a national IPM programme; and

-

to facilitate co-ordination of all IPM activities in Bangladesh

The following are the key components of the IPM Policy: -

Maintaining ecological balance

-

Executing appropriate actions on pesticides

-

Operating an effective system for implementing the national IPM programme

-

Developing human resources as the core of IPM

-

Conducting research on IPM

5.2.5. National Seed Policy (NSP), 1993 The overall purpose of this policy is to make the best quality seeds of improved varieties of crops available to farmers, conveniently and efficiently, with a view to increasing crop production, farmerâ&#x20AC;&#x2122;s productivity, per capita farm income and export earnings. It provides policy directives to increase production of improved seeds, both in the public and private sectors, and to make the best quality seeds available to farmers on a timely basis and at a competitive price. The seed policy also has provisions, among other things, for liberalisation of import of seeds and seed processing machineries, strengthening of quality control and research 36

systems and maintaining a seed security arrangement. A major thrust of the seed policy has been on the institutional arrangements regarding the seeds sector.

5.3. Policies on non-crop agriculture 5.3.1. National Fisheries Policy, 1998 The National Fish Policy, 1998 aims at developing and increasing production of fish resources and creating self-employment to improve the socio-economic condition of the fishermen. It pledges to ensure fishery opportunities to trained youth groups through lease of unutilized khas ponds, dighi and other alternatives.

The policy duly emphasizes the nutrition value of fish in the improvement of public health and also attaches due importance to maintaining of ecological balance and bio-diversity. It seeks a ban the import, distribution and sale of any alien species of fish or fry without prior approval of the government. The policy calls for adopting precautionary measures to minimize the adverse impact of agriculture, industry, transportation, urbanization, flood control and irrigation on fishery. It proposes a transfer of fish sanctuaries, or part thereof, to the Department of Fisheries (DoF) and promises measures to prevent industrial pollution and limit unrestricted use of harmful pesticides. The policy also has statements on use of prohibited methods of fishing and emphasizes proper implementation of the law for protection of endangered fish species. In leasing out government khas water bodies, it seeks to ensure priority for the genuine fisher folk. Control of fish quality and marketing and export of the same has also been dealt with.

5.3.2. National Livestock Development Policy, 2007 The general objective of the policy is to provide an enabling environment, open up opportunities and reduce risks and vulnerability for harnessing the full potential of the livestock sub-sector. These are expected to accelerate economic growth and help reduce rural poverty. Here, the private sector is seen as the main actor while the public sector is to play facilitating and supportive role.

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The following ten critical areas have been identified for formulating the National Livestock Development policy: i.

Dairy Development and Meat Production;

ii.

Poultry Development;

iii.

Veterinary Services and Animal Health;

iv.

Feeds and Fodder Management;

v.

Breeds Development;

vi.

Hides and Skins;

vii.

Marketing of Livestock Products;

viii.

International Trade Management;

ix.

Access to Credit and Insurance; and

x.

Institutional Development for Research and Extension

6. Institutional setup Food security is a multi-sectoral concept by nature and, as such, requires interdependent interventions across diverse sectors. Food laws and regulations in Bangladesh are fragmented and governed by a number of different government institutions whose responsibilities are guided by different legislations.

The main ministries and agencies involved in food safety, quality and control are as follows: Ministry/Division

Agency/Department

Area of responsibilities

Ministry of

Department of Agricultural

Quarantine activity, pesticide quality

Agriculture

Extension; Plant

assessment and registration, farm and harvest

Protection Wing

inspection, issue certificates for import/exported plants/plant products

Ministry of

Office of Chief Controller of

Regulation and control of import and export,

Commerce

Imports and Exports

price and quality control, protection of

(CCI&E);

consumer rights

Trading Corporation of Bangladesh (TCB); National Consumer Rights Protection Department (DNCRP) Ministry of Education

DG, Primary;

Food safety, nutrition and environmental

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DG, Secondary;

issues in the text book of all level of education

Text Book Board Universities Ministry of

Department of Environment

Environment & Forest Ministry of Finance

Overall coordination of the Bangladesh Biosafety Rules, 2012

Customs Department

Sample collection, physical examination, IPO implementation, import inspection â&#x20AC;&#x201C;fruits and vegetables

Ministry of Fisheries

Department of Fisheries

Enforcement of legislation, ensuring quality

and Livestock

and safety, certification for export Animal health, Animal product, Imported Department of Livestock

animal

Ministry of Food and

Food Planning and

Regular monitoring of the national food

Disaster Management

Monitoring Unit (FPMU)

policy plan of action and the Country Investment Plan for food security (CIP) which includes food safety Support to Food Safety Policy and Food Safety Emergency Plan (FSER)

Directorate of Food

Quality control of PFDS, stock, procured foodgrains/foodstuff, imported food, etc., Analysis of grains and cereals, Storage inspection; analysis of fats and oils

Ministry of Health &

Director General of Health

Registration and inspection of food service

Family Welfare

Services; District & Upazila

establishments; legal action as

Health Administration and

required; report food adulteration issues, food

Institute of Public Health

quality and sanitation control in Upazila/district level; testing

Ministry of Home

Law agencies

Assist the inspection agencies

Ministry of Industries

Bangladesh Standard and

Setting standards of food products, sampling,

Testing Institute

testing and certification marks and surveillance

Ministry of

Electronic and Print media

Disseminate issues for awareness building

Information Commission

Ensure access to information, empower the

Information

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citizens by promoting transparency and accountability Ministry of Law

Drafting wing

Formulation, vetting, approval, etc.

Ministry of Local

Municipalities, City

Registration and inspection of food service

Government, Rural

Corporations

establishments; Mobile court activities

Ministry of Public

Executive Magistrates

Prosecution through Mobile Courts

Administration

(Mobile Courts)

Ministry of Science

Bangladesh Council of

Sampling, testing and providing standard

and Technology

Scientific and Industrial

certificates; research and development

Development and Cooperatives

Research Test radiation levels of imported food items, Bangladesh Atomic Energy

pesticides residues

Commission Ministry of Social

Department of Social Service;

Poverty alleviation, welfare-development,

Welfare

National Social Welfare

social safety net program

Council National Human

Protection, promotion and providing

Rights Commission

guarantee of human rights particularly right to life, right to liberty, right to equality and right to dignity of a person guaranteed by the Constitution of the Peopleâ&#x20AC;&#x2122;s Republic of Bangladesh and such other human rights that are declared under different international human rights instruments ratified by the Peopleâ&#x20AC;&#x2122;s Republic of Bangladesh and are enforceable by the existing laws of Bangladesh

7. Conclusion The myriad of laws and policies reviewed above reveals that there are several sectoral laws and policies that address various aspects of food. This is done in a very scattered manner as it involves various authorities thus giving them the scope for shifting 40

responsibility on each other. Regulatory regimes involving several authorities very often create confusion and lack clear direction. This leads to regulatory creep as each authority pursues different objectives and takes a different focus. Therefore, the implementation of laws and policies is not satisfactory, and weak in enforcement, due to the overlapping authoritative domains. There is lack of coordination, communication, institutional weaknesses, influence of politics, etc. Hence, functional linkages need to be strengthened between the core authorities so as to minimize the gaps and overlaps that are prevalent in enforcement of responsibilities. The administrative enforcement mechanism needs to be more organized and clear implementation strategies developed. This would result in a clear method of detecting regulation non-compliance. When all instances of noncompliance can be easily identified, prompt action can be taken by the proper authority.

Moreover, most of the laws are aged and falling short of addressing new challenges such as those relating to food safety and security. The Constitution does not recognize a person’s right to food, even though Article 15 recognizes the state’s responsibility to secure the “basic necessities of life” for its citizens including food. A constitutional amendment is needed to guarantee the legal right to access food or the right to be free from hunger. Laws should also be amended for more severe penalties to wrongdoers. A coherent and efficient national legislation should be developed covering all dimensions of food so as to ensure food security and safety at all levels, particularly the poor. But having a new law in place or amending the existing laws will not solve the problem unless the same are strictly implemented and enforced. Awareness amongst the people needs to be raised and, finally, to ensure food justice there must be political will to fairly distribute food, regardless of the recipient’s ability to pay.

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References Center for Policy Dialogue, 2012. Analysis of the National Budget for FY2012-13 FAO Agricultural and Development Economics Division, June 2006. Food Security (2).

Retrieved June 8, 2012 GB, 1972. The Constitution of the People’s Republic of Bangladesh GB, Cabinet Division, 1996 (Revised upto July 2012). Rules of Business GB, Legislative and Parliamentary Affairs Division, Ministry of Law, Justice and Parliamentary Affairs, 2010. Laws of Bangladesh GB, Ministry of Food and Disaster Management, Food Planning Monitoring Unit, 2013.

National Food Policy Plan of Action and Country Investment Plan Monitoring Report GB, National Strategy for Accelerated Poverty Reduction II (FY 2009-11) GB, Sixth Five Year Plan of Bangladesh 2011-2015 (Volume 2) IUCN Bangladesh, 2000. Red List of Threatened Fishes of Bangladesh Prove, Peter N. "Human Rights in Trade and Investment Agreements: The Legal Framework of Economic Globalization, and the Right to Food" Sheikh Salauddin, 2005. “Land Rights and Poverty Alienation”, published by Bangladesh Legal Aid and Services Trust (BLAST) www.moa.gov.bd www.mofl.gov.bd www.mofdm.gov.bd Ziegler, Jean, 2002. "Right to Food: Commission on Human Rights" (E/CN.4/2002/58, 10 January 2002)

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